City of Dinuba v. Thusu CA5
A jury found in favor of respondent City of Dinuba (City) and awarded it a judgment of $47,900 against appellant Dr. Kudlip Thusu (Thusu), based on the breach of a written guaranty. City sought attorney fees based on a contractual attorney fees provision in the guaranty. The trial court found City to be a prevailing party and awarded it $100,152 in fees. Thusu appeals and contends that it was an abuse of discretion for the trial court to find City to be a prevailing party and entitled to attorney fees as it only recovered some, but not all, of the damages requested against Thusu. After independently reviewing the record, we conclude that the trial court did not abuse its discretion in finding City to be a prevailing party. Accordingly, we affirm the judgment.
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